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Item 11 - Resolution to Provide Notice to the County of Orange Aiport Land Use Commision for the Village
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Item 11 - Resolution to Provide Notice to the County of Orange Aiport Land Use Commision for the Village
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7/9/2025 10:16:06 AM
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Doc Type
Agenda Packet
Agency
Planning & Building
Item #
11
Date
7/15/2025
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The Village Santa Ana Specific Plan — ALUC Overrule Initiation (1561 W. Sunflower <br />Avenue) <br />July 15, 2025 <br />Page 2 <br />GOVERNMENT CODE §84308 APPLIES: No <br />DISCUSSION <br />Pursuant to Public Utility Code (PUC) Section 21676(b), prior to the amendment of a <br />general plan or specific plan, or the adoption or approval of a zoning ordinance or building <br />regulation within the planning boundary established by the Orange County Airport Land <br />Use Commission (ALUC) pursuant to Sections 21676 and 21676.5 of the PUC for the <br />John Wayne Airport (JWA), the City shall first refer the proposed action to ALUC. If ALUC <br />determines that the proposed action is inconsistent with the JWA Airport Environs Land <br />Use Plan (AELUP), the City may, after a public hearing, propose to overrule the <br />Commission's determination by a two-thirds vote of the City Council if it makes specific <br />consistency findings in accordance with PUC Section 21670. <br />Adhering to this procedure, it is standard practice for the City to refer projects governed <br />by PUC Section 21676(b) under the AELUP to the ALUC for their review and <br />determination during the project review phase. The City referred the proposed specific <br />plan to ALUC for their review and determination because the project is located within the <br />AELUP. On June 19, 2025, ALUC held a public hearing on the proposed project and <br />found The Village Santa Ana Specific Plan to be inconsistent with the AELUP for JWA <br />pursuant to AELUP Sections 2.1.3 and 3.2.1 and Public Utilities Code (PUC) Section <br />21674. <br />These sections empower the ALUC "to assist local agencies in ensuring compatible land <br />uses in the vicinity of existing airports to the extent that the land in the vicinity of those <br />airports is not already devoted to incompatible uses" and "to coordinate planning at the <br />state, regional and local levels so as to provide for the orderly development of air <br />transportation, while at the same time protecting the public health, safety and welfare." <br />As a final review authority on legislative acts for land use matters within the City, the City <br />Council may choose to overrule the ALUC's decision by following the procedure <br />established in PUC sections 21676 and 21676.5. Before the decision to overrule the <br />ALUC's Determination of Inconsistency may take place, the City Council must adopt a <br />resolution that authorizes initiation of the two-step overrule process. <br />The first step in the overrule process is to provide notice to ALUC and the California <br />Department of Transportation (Caltrans) Division of Aeronautics of the City's intention to <br />overrule the ALUC's determination by providing the two agencies with a Notice of Intent <br />at least 45 days in advance of the overruling action by the City Council. In turn, ALUC <br />may provide comments to the City Council within 30 days of receiving the Notice of Intent. <br />If ALUC's comments are not available within this time limit, the City Council may act <br />without them. <br />The comments by ALUC are advisory to the City Council. However, should comments be <br />received, the City Council must include comments from ALUC in the public record of any <br />final decision to overrule ALUC. The second step in the overrule process is to conduct a <br />
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